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(영문) 울산지방법원 2013.08.14 2013고단593
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving CK5 cars.

On February 17, 2013, the Defendant driven a car at around 06:45, and driven a car at a speed of about 75 km per hour, depending on the two-lanes in front of the shooting distance of the scenic village located in the boundary of Ulsan-gu, Ulsan-do.

At the same time, there is a private-distance intersection in which signal lights are installed, so in such cases, a person engaged in driving a motor vehicle has the duty of care to prevent accidents in advance by safely driving the motor vehicle by reducing the speed and checking well the front side.

Nevertheless, the Defendant neglected his duty of care and neglected to do so, caused the Defendant to drive the victim D (the 49-year-old driver) who stops in the atmosphere of the said K5 car in front of the said K5 car.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim D, such as scarf, etc. requiring treatment for about two weeks, suffered injury to the victim F (the victim F (the victim 35 years of age) who is the passenger of the damaged vehicle, such as diversified scarf, etc. requiring medical treatment for about two weeks, and at the same time, destroyed the above victim F (F), thereby damaging the E Lastren car to have approximately KRW 2,178,579, such as scarf exchange, and escaped without taking necessary measures, such as immediately stopping the vehicle and saving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of view of failing to take measures after destruction and damage) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;

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